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(영문) 서울동부지방법원 2020.12.17 2020고단3328
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2018, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) at the Seoul Eastern District Court.

On July 23, 2020, at around 21:40, the Defendant driven C 3 vehicles under the influence of alcohol level of about 0.167% from the 100-meter section to the front road of Songpa-gu, Songpa-gu, Seoul Pambow.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Criminal records, etc. and criminal records, etc. of the defendant's legal statement, investigation records of the actual condition of his/her statement, records of drinking alcohol measurement, and records of his/her circumstantial statements: Application of Acts and subordinate statutes to criminal records, investigation reports, and criminal records records, etc.;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture or an order of community service to recognize the crime of sentencing under Article 62-2 of the Criminal Act and to reflect wrongness, the distance of drinking driving is not the long distance, the Defendant’s child to support the Defendant, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the records and arguments, including the circumstances after the crime, etc., shall be determined as the same as the order.

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